Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Ruby Radio Corporation ) File No. EB-07-SF-348 Licensee of Radio Station KHIX ) Facility ID # 84839 ) Carlin, Nevada ) NOV No. V200932960003 ) NOTICE OF VIOLATION Released: October 24, 2008 By the District Director, San Francisco Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission’s Rules,1 to Ruby Radio Corporation (“Ruby Radio”), licensee of radio station KHIX, licensed to serve Carlin, Nevada. 2. On September 12, 2008, an agent of the Enforcement Bureau’s San Francisco Office inspected the KHIX main studio located in Elko, Nevada, and observed the following violations: a. 47 C.F.R. § 11.35(a): “EAS Participants must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams . . . . ” At the time of the inspection, there were no entries in the station log indicating why tests had been sporadically missed over the three months prior to the inspection. b. 47 C.F.R. § 11.61(a): “EAS Participants shall conduct tests at regular intervals, as specified in paragraphs (a)(1) and (a)(2) of this section. Additional tests may be performed anytime. EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook.” At the time of the inspection, Ruby Radio failed to insure that, over the three months prior to the inspection, all tests of the EAS system were conducted. 1 47 C.F.R. § 1.89. Federal Communications Commission 2 c. 47 C.F.R. § 73.1870(c)(3): “The chief operator is responsible for …[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive.” At the time of inspection, the chief operator had not signed and dated the station log indicating completion of the weekly review, for more than 3 months. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Ruby Radio Corporation, must submit a written statement concerning this matter within 20 days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by a principal or officer of Ruby Radio Corporation. All replies and documentation sent in response to this Notice should be marked with the File No. and NOV No. specified above, and mailed to the following address: Federal Communications Commission San Francisco Office 5653 Stoneridge Drive, Suite 105 Pleasanton, CA 94588-8543 4. This Notice shall be sent by Certified Mail/Return Receipt Requested and regular mail to Ruby Radio Corporation at its address of record. 2 47 U.S.C. § 403. Federal Communications Commission 3 5. The Privacy Act of 19743 requires that we advise you that the Commission will use all relevant material information before it, including any information disclosed in your reply, to determine what, if any, enforcement action is required to ensure compliance. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.4 FEDERAL COMMUNICATIONS COMMISSION Thomas N. Van Stavern District Director San Francisco District Office Western Region Enforcement Bureau 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.